Agenda 09/23/2025 Item #16A 1 (Direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code)9/23/2025
Item # 16.A.1
ID# 2025-2115
Executive Summary
Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land
Development Code, to change the mailed notification distance for applications involving a site-specific Growth
Management Plan (GMP) amendment, rezone, or Conditional Use request on Rural Agricultural (A) zoned lands.
[PL20250005475]
OBJECTIVE: To advertise and bring back for a public hearing, an Ordinance amending the Land Development Code
(LDC), to change the mailed notification distance for applications involving a site-specific GMP amendment, rezone, or
Conditional Use request on Rural Agricultural (A) zoned lands.
CONSIDERATIONS: For land use petitions, the County’s Land Development Code (LDC) and Administrative Code
for Land Development (Administrative Code) prescribe the requirements for providing public notice. One of the
requirements is the mailed notice (LDC section 10.03.05 B).
Prior to 2021, the distance for mailed public notices was 500 feet for properties located in the urban designated area of
the Future Land Use Element of the Growth Management Plan (GMP). For all other areas, mailed notices were sent to
property owners within a 1,000-foot radius of a subject property. However, when Ordinance 2021-25 was adopted on
July 13, 2021, the mailed notice requirements changed from 1,000 feet to one mile for all properties located in areas
designated within the Rural and Urban Golden Gate Estates Sub-Element of the GGAMP. On April 24, 2025, the Board
directed zoning staff to prepare and publicly vet an LDC amendment that will extend and increase the mailed notice
distance requirement, from 1,000 feet to one mile, for land use petitions that require a site-specific Growth Management
Plan amendment, rezone, or Conditional Use request in the Rural Agricultural (A) Districts.
This LDC amendment is a companion amendment to the Administrative Code.
DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the amendment on
May 04, 2025, and unanimously recommended approval of the LDC amendment, contingent upon extending the mailed
notification distance to one-half mile (2,640 feet), instead of one mile, for areas zoned Rural Agricultural (A).
CCPC RECOMMENDATION: On September 04, 2025, the Planning Commission reviewed the Mailed Notice
Distance Table, presented in Exhibit C, and unanimously recommended the Board consider reducing the mailed notice
distance from one mile (5,280 feet) to one half mile (2,640 feet) for Rural Agricultural (A) zoned lands located west of
Collier Boulevard and extending the mailed notice distance for lands east of Collier Boulevard to one mile (5,280 feet).
This item is consistent with the Collier County strategic plan's objective to support Responsible Governance by
encouraging active community engagement and participation.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. The vote on the direction to advertise
requires a majority vote. Section 28 of Senate Bill 180 (2025) prohibits counties listed in the Federal Disaster
Declaration for Hurricane Debby, Helene or Milton from adopting more burdensome procedures concerning review,
approval and issuance of development orders. If the county receives a notice of violation of this Section, the county has
14 days to notice an intent to repeal the adopted ordinance and an additional 14 days to repeal it. The prohibition of
more restrictive or burdensome procedures in Section 28 currently expires October 1, 2027. In a civil action against the
county for a violation of the prohibition, the county is responsible for plaintiff’s attorney’s fees if the civil action is
successful. There is some minimal exposure to the County with the proposed LDC amendment, however any additional
cost to Applicants should not be significant--HFAC
RECOMMENDATIONS: To direct staff to advertise and bring back for a public hearing, an Ordinance amending the
Page 956 of 3896
9/23/2025
Item # 16.A.1
ID# 2025-2115
LDC.
PREPARED BY: Richard Henderlong, Planner III, Zoning Division
ATTACHMENTS:
1. PL20250005475 Mailed Notice Rural Agricultural Zoned Land CCPC 09-04-2025
Page 957 of 3896
1
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural Zoned Land
BCC 9-05-25.docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250005475
SUMMARY OF AMENDMENT
This amendment shall increase the written mailed notice distance
requirement from 1,000 feet to one mile when there is a change in land use
to Rural Agriculture (A) zoned lands. It requires an amendment to the
Administrative Code,-Chapter 8 C. LDC amendments are reviewed by the
Board of County Commissioners (Board), Collier County Planning
Commission (CCPC), Development Services Advisory Committee
(DSAC), and the Land Development Review Subcommittee of the DSAC
(DSAC-LDR).
ORIGIN
Board of County
Commissioners (BCC)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 10.03.05 Required Methods of Providing Public Notice
CCPC 09/04/2025
DSAC 06/04/2025
DSAC-LDR 05/20/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with change
DSAC
Approval with change
CCPC
Approval with recommendation
BACKGROUND
When property is located within the Rural or Urban Golden Gate Estates Sub-Element of the Golden Gate
Area Master Plan designated area, the method of providing public notice by mailed notices for land use
petitions change is to mail property owners within one mile (5,280 feet) of the property lines of a subject
project. For other areas not located within the Urban designated area of the Future Land Use Element of
the Growth Management Plan, mailed notices are sent to property owners within 1,000 feet of the subject
property with the exception of the Rural and Urban Golden Gate Estates designated areas. This 1,000 feet
mailed notice distance requirement was recently recognized by the Board to be deficient in notifying the surrounding
community and nine property owners for a site-specific rezone petition to change the land use on 160 acres of Rural
Agricultural zoned land. As a result, on April 25, 2025, the Board directed Zoning staff to prepare and
publicly vet a Land Development Code amendment that would extend and increase the mailed notice
distance requirement, from 1,000 feet to one mile for land use petitions that require a site-specific Growth
Management Plan amendment, rezone, or Conditional Use request in the Rural Agricultural (A) Districts.
Staff researched other Florida’s counties’ public mailed notification distance requirements and found they
vary, as presented in Exhibit B. Most recently, Seminole County adopted, by ordinance 2024-02, public
notice procedures to amend their future land use and zoning maps, non-residential variances and special
exceptions. The County’s mailed notification requirements are minimum notice standards based upon an
urban versus rural area’s project size and minimum number of parcels to be notified. The project sizes
ranged from 0 to 5 acres, greater than 5 to 10 acres, and greater than 10 acres. For rural areas, the respective
minimum number of parcels to receive mailed notices are 15, 25 and 30 parcels.
Staff prepared Exhibit C to illustrate, in each of the Board of County’s Commissioner’s District, the
expected number of property owners that would be notified and the number of mailings that could be sent
at various distances for 1,000/1,320/2,640/and 5,280 feet or one mile for six (A) zoned projects.
Page 958 of 3896
2
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural Zoned Land
BCC 9-05-25.docx
The proposed amendment, if approved, would extend and increase the mail distance notification
requirement to one mile (5,280 feet) for site-specific GMP amendments, rezones, or Conditional Use
requests on all parcels currently zoned (A).
DSAC-LDR Subcommittee Recommendation: On May 20, 2025, the DSAC-LDR Subcommittee recommended
approval of the LDC amendment with extending the mailed notification distance to one-half mile (2,640 feet), for
areas zoned Rural Agricultural (A).
DSAC Recommendation: On June 04, 2025, the DSAC unanimously recommended approval of the LDC amendment
with extending the mailed notification distance to one half mile (2,640 feet), instead of one mile, for areas zoned
Rural Agricultural (A).
Planning Commission Recommendation: On September 04, 2025, the Planning Commission reviewed the Mailed
Notice Distance Table, presented in Exhibit C, and unanimously recommended the Board consider reducing the
mailed notice distance from one mile (5,280 feet) to one half mile (2,640 feet) for Rural Agricultural (A) zoned
lands located west of Collier Boulevard (State Road 951) and extending the mailed notice distance for lands east of
Collier Boulevard (State Road 951) to one mile (5,280 feet).
FISCAL & OPERATIONAL IMPACTS
There is no fiscal impact to the County. Costs
associated with mailed notices are the
responsibility of the petitioner.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed consistent
with the GMP.
EXHIBITS: A) Administrative Code Change B) Other Florida Counties C) Mailed Notice Distance Table.
Page 959 of 3896
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
3
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural
Zoned Land BCC 9-05-25.docx
Amend the LDC as follows:
1
10.03.05 – Required Methods of Providing Public Notice 2
3
This section shall establish the required methods of providing public notice. Chapter 8 of the 4
Administrative Code shall establish the public notice procedures for land use petitions. 5
6
A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, where 7
required, shall be held prior to the first public hearing and noticed as follows: 8
9
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 10
10.03.05 B. 11
12
2. Newspaper Advertisement prior to the NIM. 13
14
B. Mailed Notice. 15
16
1. Where required, Mailed Notice shall be sent to property owners in the notification 17
area as follows: 18
19
a. For areas in the urban designated area of the future land use element of 20
the Growth Management Plan notices shall be sent to all property owners 21
within 500 feet of the property lines of the subject property except for Rural 22
Agricultural (A) zoned lands pursuant to LDC section 10.03.06 B.1.d. 23
24
b. For all other areas, except areas designated in the Rural Golden Gate 25
Estates Sub-Element or Urban Golden Gate Estates Sub-Elements of the 26
Golden Gate Area Master Plan or areas zoned Rural Agricultural, notices 27
shall be sent to all property owners within 1,000 feet of the property lines 28
of the subject property. 29
30
c. For areas designated within the Rural Golden Gate Estates Sub-Element 31
or Urban Golden Gate Estates Sub-Element of the Golden Gate Area 32
Master Plan, notices shall be sent to all property owners within one-mile of 33
the subject property lines. 34
35
d. For a petition involving a site-specific GMP amendment, rezoning, or 36
Conditional Use request on Rural Agricultural (A) zoned lands, mailed 37
notices shall be sent to all property owners within one mile of the subject 38
property lines. 39
40
d e. Notices shall also be sent to property owners and condominium and civic 41
associations whose members may be impacted by the proposed land use 42
changes and who have formally requested the county to be notified. A list 43
of such organizations must be provided and maintained by the county, but 44
the applicant must bear the responsibility of insuring that all parties are 45
notified. 46
47
* * * * * * * * * * * * * 48
# # # # # # # # # # # # # 49
Page 960 of 3896
Exhibit A– Administrative Code Change
4
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural
Zoned Land BCC 9-05-25.docx
DRAFT Text underlined is new text to be added 1
Text strikethrough is current text to be deleted 2
Collier County Land Development Code | Administrative Procedures Manual 3
Chapter 8 |Public Notice – Generally, Contents, Categories of Notice, and Notice Recipients 4
5
C. Mailed Notice 6
Applicability For applicable land use petitions, a mailed notice shall be as follows.
Notice
Requirements
Mailed written notices shall be sent by regular mail to property owners in the notification
area listed below. Names and addresses of property owners shall be those listed on the
latest ad valorem tax rolls of the County. The mailed notice must be sent out at least 15
days before the hearing for all applications, except as identified otherwise in the
Administrative Code.
The applicant must provide a copy of the list of all parties noticed by the required
notification deadline to the Zoning Division staff.
The written notice must include:
a. Date, time, and location of the NIM meeting or public hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location.
For a conditional use, rezoning, PUD, PUD extension, or variance, the notice must also
include:
a. A clear description of the proposed land uses;
b. A clear description of the applicable development standards;
c. Intensity or density in terms of total floor area of commercial or industrial
space and dwelling units per acre for residential projects;
d. A clear description of the institutional or recreational uses when part of the
development strategy; and
e. The substance of the proposed ordinance or resolution (rezoning only).
For a site plan with deviations for redevelopment projects, the notice must also include the
type of deviation sought.
The Clerk to the BCC will make a copy of all notices available for public inspection during
regular business hours.
Recipients of
Mailed Written
Notice
Property owners in notification area are described below and shall be based on the latest
tax rolls of Collier County and any other persons or entities who have formally requested
notification from the County:
Urban designated
area of the future
land use element
The notification area includes:
1. All property owners within 500 feet of the property lines of the
subject property.
Page 961 of 3896
Exhibit A– Administrative Code Change
5
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural
Zoned Land BCC 9-05-25.docx
of the growth
management plan
For a site-specific GMP amendment, rezoning, or a conditional
use request on Rural Agricultural zoned lands, all property
owners within one mile of the property lines of the subject
property.
2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
500-foot or one mile distance is measured from the boundaries
of the entire ownership or PUD.
3. The maximum notification area is ½ mile (2,640 feet) from the
subject property except for areas designated in the Urban
Golden Gate Estates Sub-Element of the Golden Gate Estates
Master Plan and a site-specific request for GMP amendment,
rezoning, or Conditional Use on Rural Agricultural zoned lands.
All other areas The notification area includes:
1. All property owners within 1,000 feet of the property lines of
the subject property. However, for areas designated in the
Urban and Rural Golden Gate Estates Sub-Element of the
Golden Gate Area Master Plan or a site-specific request for
GMP amendment, rezoning, or Conditional Use on Rural
Agricultural zoned land, notices shall be sent to all property
owners within one mile of the property lines of the subject
property, except for Estates (E) zoned variance applications,
which shall remain at 1,000 feet of the subject property.
2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
1,000-foot or one mile distance is measured from the
boundaries of the entire ownership or PUD.
3. The maximum notification area is ½ mile (2,640 feet) from the
subject property, except for areas designated in the Urban and
Rural Golden Gate Estates Sub-Element of the Golden Gate
Area Master Plan or a site-specific request for GMP
amendment, rezoning, or Conditional Use on Rural Agricultural
zoned lands.
Associations Notification shall also be sent to property owners and condominium
and civic associations whose members are impacted by the
proposed land use changes and who have formally requested the
county to be notified. A list of such organizations shall be provided
and maintained by the County, but the applicant must bear the
responsibility of insuring all parties are notified.
Updated Resolution 2021-143 2025-XXX
1
Page 962 of 3896
Exhibit B – Other Florida Communities
6
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural
Zoned Land BCC 9-05-25.docx
1
2
3
Page 963 of 3896
Exhibit B – Other Florida Communities
7
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural
Zoned Land BCC 9-05-25.docx
Page 964 of 3896
Exhibit C – Mailed Distance Notification
8
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural
Zoned Land BCC 9-05-25.docx
Page 965 of 3896
Exhibit C – Mailed Distance Notification
9
J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 28\PL20250005475 Mailed Notice Rural Agricultural
Zoned Land BCC 9-05-25.docx
Page 966 of 3896